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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
RAMLA W/O.LATE ASHRAF – Respondent
| Table of Content |
|---|
| 1. facts of the accident and parties (Para 1 , 2 , 3) |
| 2. arguments regarding insurance policy and liability (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis on insurance validities (Para 10 , 11 , 12 , 13 , 14) |
| 4. ratio about enforcement of insurance without fraud (Para 15) |
JUDGMENT
MACA NOS. 2309 & 2580 OF 2012
These appeals are filed by the second respondent/insurer of the motorcycle bearing registration No.KCT/307 challenging the liability to pay the amount awarded in O.P (MV) Nos.53 & 68 of 2010 on the file of the Motor Accidents Claims Tribunal, Tirur. The respondents in MACA No.2309/2012 are the claimants 1 to 4, claimants 7 to 10 and supplemental third respondent before the tribunal in O.P.(MV) Nos. 68 of 2010 and the respondents in MACA No. 2580/2012 are the claimant and the third respondent before the tribunal in O.P.(MV) No.53 of 2010.
2. The brief facts of the case are as follows: On 30.12.2007, while the petitioner in O.P.(MV) No.53/2010 was riding his motorcycle bearing registration No.KL-54/5708 from Chamravattom junction to Puthuponnani with the claimant in O.P.(MV) No.68/2010 as pillion rider, another motorcycle bearing registration No.KCT/307 came from the
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